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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R.MADHUSUDHAN RAO
Mohd Imamuddin – Appellant
Versus
Nukala Ravinder Reddy – Respondent
| Table of Content |
|---|
| 1. appeal filed under civil procedure code. (Para 1 , 2) |
| 2. plaintiff alleges agreement exists; defendant denies. (Para 4 , 5 , 6) |
| 3. arguments regarding breach of contract and need for evidence. (Para 10 , 12) |
| 4. court must assess the validity of agreements in terms of proof. (Para 14 , 19 , 20) |
JUDGMENT :
1. This Appeal is filed by the appellant-defendant under Section 96 r/w Order XLI Rule 1 of Civil Procedure Code, 1908 assailing the judgment and decree passed by the learned Senior Civil Judge at Jangaon, Warangal District in OS.No.111 of 2012, dated 30.06.2017.
3.1. Respondent-plaintiff has filed suit for specific performance of contract in respect of agreement of sale dated 31.08.2012.
3.3. As per the agreement of sale dated 31.08.2012, Rs.1,00,000/- has to be paid on 09.09.2012, half of the sale consideration has to be paid within one month and the remaining sale consideration to be paid in the month of December, 2012. Respondent-plaintiff in performance of his part of contract, approached the appellant-defendant to pay Rs.1,00,000/- on 09.09.2012, but he refused to receive the same. Respondent- plaintiff once again approached the appellant-defendant in the first we
A plaintiff seeking specific performance must demonstrate continuous readiness and willingness to complete contract obligations, failing which relief may be denied.
(1) Agreement to sell – Specific performance will not be ordered if contract itself suffers from some defect which makes contract invalid or unenforceable – Discretion of court will not be there even....
The court affirmed that specific performance is a discretionary remedy, requiring the plaintiff to prove the validity of the contract and readiness to perform.
The court upheld that the Plaintiff failed to demonstrate readiness and willingness to perform a contract for specific performance due to vague property description and explicit stipulations regardin....
The main legal point established in the judgment is that the plaintiff's readiness and willingness to perform his part of the contract, as well as the fulfillment of the terms of the agreement for sa....
The amendment to the Specific Relief Act in 2018 makes specific performance non-discretionary; proven readiness leads to enforceable agreements.
A sale agreement signed solely by the vendor is enforceable, and no fixed date of performance in an agreement allows suit filing within three years of notice of refusal.
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